BENDER v. BENDER


261 Pa.Super. 12 (1978)

395 A.2d 279

Theresa A. BENDER v. Kenneth O. BENDER, Jr., Appellant.

Superior Court of Pennsylvania.

Decided November 3, 1978.


Attorney(s) appearing for the Case

William J. Litvin, West Chester, for appellant.

H. Joseph Flynn, Lancaster, for appellee.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.


SPAETH, Judge:

After having once awarded custody of a now six year old girl, Heather, to her father, the lower court then awarded custody to her mother. We reverse and remand for both procedural and substantive reasons. As a matter of procedure: the lower court made the change in custody on the basis of evidence not in the record; also, we do not have the comprehensive opinion that we must have in a custody case. As a matter of substance: the evidence that is of record...

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